Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Now's the time for a cross-partisan push to stop future abuse of presidential power

Opinion

Donald Trump

Some of the proposals in PODA respond directly to vulnerabilities in presidential power exploited by the Trump administration, according to Dayton and Lindgrensavage.

Joe Raedle/Getty Image

Dayton is a policy advocate and Lindgrensavage is a counsel at Protect Democracy, a nonprofit group advocating for policies that "prevent our democracy from declining into a more authoritarian form of government." Dayton once worked for a GOP House member and Lindgrensavage for a Democratic senator.


Imagine this: The conduct of the previous presidential administration has crystallized the need for Congress to reassert its constitutional authority as a check on the executive branch.

The year is 2021, to be sure. But it was also 1974. In the wake of the Watergate scandal, lawmakers of both parties acted to address weaknesses in federal laws and government institutions that Richard Nixon had either created himself or exposed.

Nearly half a century later the Protecting Our Democracy Act, a package of good-government reforms first proposed by Democratic Rep. Adam Schiff of California in September, aims to take similar steps toward restoring guardrails on executive power. The legislation is on course for a reintroduction in the House this month.

To raise awareness about the bill and advocate for its passage, experts from half a dozen democracy reform advocacy groups from across the political spectrum have written pieces touting its various virtues. These will appear in the Opinion section of The Fulcrum in coming weeks.

These individual analyses do not constitute an endorsement of the full package. What they demonstrate in combination, rather, is how the multifaceted measure draws from ideas proposed by Republicans and Democrats alike — and how Congress' constitutional prerogatives, not ideology, explain why they fit together.

The Protecting Our Democracy Act, which also goes by the acronym PODA, tackles a dozen different topics:

  • Limiting the president's pardon power.
  • Extending the deadline for prosecuting former presidents and vice presidents for federal crimes before or during their time in office.
  • Enforcing the constitutional ban on presidents using the office to enrich themselves.
  • Boosting enforcement of congressional subpoenas.
  • Reasserting Congress' power of the purse.
  • Mandating disclosure of contacts between the White House and Justice Department.
  • Strengthening protections for inspectors general.
  • Strengthening protections for federal whistleblowers.
  • Ensuring the Senate's say in confirming executive branch officials.
  • Bolstering enforcement of the Hatch Act.
  • Preventing foreign interference in elections.
  • Clarifying federal prohibitions on foreign assistance to campaigns.

Some of the proposals respond directly to vulnerabilities in presidential power exploited by the Trump administration, treating those abuses as lessons from which the need for reform must be learned.

It will remain difficult to hold future presidents accountable for violating the Emoluments Clause, the Constitution's ban on presidential profiteering, or attempting to sway the independence of the Justice Department, for example, without Congress creating mechanisms to guarantee such accountability.

Some of the proposals have a history of bipartisan backing — or began as Republican ideas. The provision to strengthen congressional control over the allocation of federal funds, for example, resembles a bill by Republican Sen. Mike Lee of Utah that the Homeland Security and Government Affairs Committee approved last year on an 11-2 vote. And improving protections for inspectors general and federal whistleblowers has been a longstanding priority of the most senior GOP senator, Chuck Grassley of Iowa..

The Protecting Our Democracy Act meets this current moment in two important ways.

First, it is the right response, and it is similar to a past, successful response in the aftermath to a similar period in our history. After Nixon's resignation, both Republican and Democratic lawmakers understood how his behavior had exposed weaknesses in the system of checks and balances that constrains presidential power, and they responded by enacting laws such as the Privacy Act and the Inspector General Act.

The parallels to today are now widely acknowledged by experts on the right, left and center. Trump "has revealed that the presidency is due for an overhaul for accountability akin to the 1974 reforms," Jack Goldsmith, an assistant attorney general in the George W. Bush administration, told the New York Times. (He and a White House counsel during the Obama administration, Robert Bauer, have come up with their own set of ideas for recalibrating the balance of power.)

Second, PODA responds to increasing numbers of lawmakers asking why their branch is so ineffective relative to the executive and the judiciary. Republican Sen. Ben Sasse of Nebraska, a frequent observer of this development, spent part of his time during last month's confirmation hearing for Attorney General Merrick Garland offering his views.

"I think it's a mix of overreach by Article II and underreach by Article I," he said, adding that it's not "as if everything that's wrong is chiefly outside the Congress, because I think we're probably chiefly to blame."

The Protecting Our Democracy Act gives Congress an opportunity to retake some of its authority and live up to its responsibility.

Ensuring the proper checks and balances between the executive and legislative branches is an ongoing obligation of Congress. But it hasn't kept pace in recent years with the expansion of presidential power or deterred presidents of both parties from exceeding — even abusing — their authority.

This House bill is a big first step on the path to catching up. The fact that Democrats are going to introduce this package when the president is a member of their party should not escape notice. Nor should the repeated instances of Republicans who have voiced concerns and floated measures about the relationship between the president and Congress. The opportunity to bring Republicans and Democrats together to act is now.


Read More

An Iranian flag and the message "No King" graffitied on the ruins of the data center building of Sharif University of Technology after a U.S.-Israeli missile strike on April 7, 2026 in Tehran, Iran.

How has the meaning of military victory changed? Explore Iran, deterrence, nuclear weapons, and why modern wars are fought with limited objectives.

Kaveh Kazemi/Getty Images

The Last War We Understood

Every modern conflict seems to produce the same debate.

Supporters argue that military action achieved its objectives. Critics ask why the enemy still exists. Iran is only the latest example.

Keep ReadingShow less
United States Capitol building and blurred American flag against blue sky

America’s aging Congress has no maximum age limit. Could a constitutional amendment create age limits for lawmakers and better represent younger voters?

TGI /Tetra Images

Congress Has an Age Floor and No Ceiling. That's Backwards for Gen Z.

Senator Dianne Feinstein's visible decline in her final years in office. Senator Lindsey Graham's sudden death. Senator Mitch McConnell's own recent hospitalization, and his halting explanation of it afterward. Three senators, three separate incidents, no obvious connection between them, except that the saga of these three senators is really one story about the problem of not knowing when to step down. That framing asks the right question of individual leaders. But it assumes the problem is a matter of personal judgment, each senator, in his or her own time, finding the wisdom to recognize the moment has passed. I think that gets the American version of this problem backwards. Congress's age problem is not a string of individual judgment calls. It is a structural feature of the Constitution itself, and it is quietly reshaping who gets represented in American government.

The Constitution sets a floor for federal office and no ceiling. A representative must be at least twenty-five. A senator must be at least thirty. A president must be at least thirty-five. Nothing in the document says how old is too old. Combine that asymmetry with the enormous advantages of incumbency, better name recognition, fundraising networks, committee seniority, and the result is predictable: a Congress that can start young but can never age out. It can only age up. The 119th Congress is now the third oldest in American history, with an average member age of nearly fifty-nine and a Senate averaging in the mid-sixties. This is not a temporary blip. It is the natural output of a system with a gate on one end and no gate on the other.

Keep ReadingShow less
The Enduring Illusion of Article the first
a large white building with a flag on top of it

The Enduring Illusion of Article the first

This is the third and final installment of our series on “Article the first.” Previous parts examined the history of the single inverted word that turned an intended floor into a ceiling and its impact on the amendment’s failed ratification. This concluding part outlines the path forward for enlarging the House today.

Part 3 — The Path Forward

Keep ReadingShow less
The Enduring Illusion of Article the first

Painting from 1856 by Junius Brutus Stearns of George Washington at the Constitutional Convention of 1787.

The Enduring Illusion of Article the first

This is the second of a three-part series on the First Amendment proposed by Congress in 1789—often called “Article the first”—which was never ratified. Part 1 explained how a single inverted word in the text created a mathematical absurdity that has been misread for 237 years. This second part explores the untold history of how that defect affected the original ratification process in state legislatures.

Part 2 — The Untold History

Keep ReadingShow less